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MANAGING DELAY DAMAGES IN CONSTRUCTION CONTRACTS

 

Course Description

The Course will include a combination of lectures, case studies and Q&A.
Both tutors will participate in giving the lectures, presenting the case studies and addressing the Q&A.
Lectures will start with the theoretical part and then the case studies will be presented and at the end the Q&A will be addressed.
After each case study is briefed, the trainees will be allowed to give their opinion on the case before the tutors give the proper resolution.       
The handouts of the presentation will be distributed to the trainees beforehand to allow better follow up. 


Objective

Construction delays are the source of frequent conflicts, claims, and disputes. It is common in construction contracts for contractors to be assessed agreed damages for late completion. Such agreed damages are referred to as liquidated damages under contracts in general and as delay damages under construction contracts in specific. Sometimes, delay damages clauses are not a reasonable estimate of damages and sometimes the actual damages differ from the delay damages; these cases are handled in two different ways under the common law system and civil law system. In this course, an understanding of the delay damages under both the common law and civil law systems is provided, in order to properly manage the application of the delay damages in construction contracts. The application of the delay damages needs to be properly managed in accordance with the provisions of the subject contract and the applicable law, otherwise conflicts, claims and/or disputes will inevitably exist over the application of delay damages.

Target Audience:

This course is recommended for participating; engineers, lawyers and accountants involved in construction contracts, employers, consultants, contractors, developers, project managers, construction managers, quantity surveyors, arbitrators, contracts officers and project controls.

In cooperation with


 

11 October 2017

10:00am to 5:30pm



VENUE:

The Cairo Regional Centre for International Commercial Arbitration

1 Al-Saleh Ayoub St.

11211 Zamalek,
Cairo, Egypt


Language:

Presentations and handouts will be in English but the Arabic language will be also used during sessions

 



Participation Fees:

2000 L.E


Registration link


 

 

Agenda:

 

10.00– 10.10

Welcome and opening of Course

10.10– 10.40

Introduction

 

  • What are damages?
  • What are liquidated (agreed) damages?
  • Liquidated Damages and construction contracts 
  • Liquidated Damages Vs Delay Damages
  • Liquidated Damages and legal systems

10.40 – 11.30

Liquidated Damages under Common Law

 

  • The controversy of Liquidated Damages and Penalties
  • Actual damages less than the agreed damages
  • Actual damages exceeding the agreed damages
  • General (unliquidated) damages
  • Application on delay damages

11.30 – 11.45

Coffee Break

11.45 – 12.00

Discussions on sample Clauses

12.00 - 13.30

Liquidated (Agreed) Damages under Egyptian Law (Civil and Administrative)

 

  • What if actual damages are less than the Agreed Damages
  • What if actual damages exceed the Agreed Damages
  • Mandatory rules related to Agreed Damages
  • Application on Delay Damages
  • Damages under Law 89/1998 and its executive regulation

13.30 – 14.30

Lunch Break

14.30 – 15.15

Case Study 1

 

  • Particulars of the Case
  • Discussion over the Case
  • Conclusion

15.15 – 16.00

Case Study 2

 

  • Particulars of the Case
  • Discussion over the Case
  • Conclusion

16.00 – 16.15

Coffee Break

16.15 – 17.30

Questions and Answers about Delay Damages

 

Tutors

 

Dr. Salwa Fawzy

 

Contracts Associate Director at Dar Al Mimar Group, Mountain View

Dr. Salwa Fawzy is the Contracts Associate Director at Dar Al Mimar Group, Mountain View. She is an Instructor at the American University in Cairo, conducting Procurement Management and Effective Contracts Management Courses, at the Engineering and Science Services. Dr. Fawzy earned her Bachelor of Science degree in Construction Engineering from the American University in Cairo. She holds an LLM, Masters in Construction Law and Arbitration from the Robert Gordon University, UK. She earned her PhD, doctorate degree in Law from Université Paris-Dauphine, Paris. She is a Fellow of Chartered Institute of Arbitrators, London, UK (FCIArb). She has extensive experience in the Conditions of Contract issued by Fédération Internationale des Ingénieurs-Conseils (FIDIC), drafting and negotiating contracts, contract law, delay analysis and claims preparation and evaluations.
She delivers courses in Egypt and the Middle East in FIDIC, construction contracts, procurement, tendering and claims. She has vast experience in providing contractual services to the different stakeholders in the construction industry; working with employers, contractors, consultants and project management firms. Dr. Fawzy has several publications in relation to contract administration, claims and disputes, FIDIC contracts, World Bank contracts, delay analysis, application of time 'at large' to standard forms of contract and under the civil code, global claims …etc.

 

Dr. Tarek Hamed

 

Founder/Managing Director of DAR for Engineering Contracts

Dr. Hamed is the Founder/Managing Director of DAR for Engineering Contracts, a consultancy office based in Cairo, Egypt. Dr. Tarek Hamed has earned his Doctor of Philosophy degree in Construction Management (2011) from the Faculty of Engineering at Cairo University. He earned a Diploma in International Commercial Arbitration from the Faculty of Law at Cairo University (2001).
He has extensive experience in the FIDIC Conditions of Contract, drafting and negotiating contracts, legal systems, contract law, claims preparation and evaluation and arbitration proceedings. He further works as an Instructor at the Faculty of Engineering's Credit Hours Program in Cairo University.
Dr. Hamed has participated as arbitrator and as counsel in a number of arbitration cases including cases under the rules of ICC and CRCICA.
Dr. Hamed is the author/co-author of a number of papers in the field of the Provisions of Construction Contracts under the Egyptian Civil Law published at the Construction Law Journal, the International Construction Law Review and ASCE, Journal of Legal Affairs and Dispute Resolution.

 

-  Intelligence Brown Bag Lunch with Dr. Jeffrey G. Karam
-  CIArb: MANAGING DELAY DAMAGES IN CONSTRUCTION CONTRACTS
-  Nawah Social Entrepreneurship Challenge 2017
-  Techne Summit 2017: Bibliotheca Alexandrina
-  Arab Security Conference 2017
-  Egypt 2013: Uncovering Political, Social and Religious Misconceptions
-  Womens Rights in Egypt and Arab States
-  Workshop: Introducing Initial Public Offering to Arab Family Businesses
-  International Day of Peace at the BA

 

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